Campbell v. P. Dickey

Filing 41

ORDER Requiring Plaintiff to File Opposition or Statement of Non-Opposition to Defendant's Motion to Dismiss Within Twenty-One (21) Days signed by Magistrate Judge Barbara A. McAuliffe on 11/9/2017. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY TYRONE CAMPBELL, SR., 12 13 14 15 16 17 Plaintiff, v. Case No. 1:14-cv-00918-DAD-BAM (PC) ORDER REQUIRING PLAINTIFF TO FILE OPPOSITION OR STATEMENT OF NONOPPOSITION TO DEFENDANT’S MOTION TO DISMISS P. DICKEY, (ECF No. 40) Defendant. TWENTY-ONE (21) DAY DEADLINE Plaintiff Anthony Tyrone Campbell, Sr., is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action currently proceeds 19 on Plaintiff’s equal protection claim against Defendant P. Dickey. 20 On October 9, 2017, Defendant filed and served a motion to dismiss the complaint under 21 Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief may be 22 granted, for dismissal as bared by Heck v. Humphrey, 512 U.S. 477 (1994), and on the grounds of 23 qualified immunity. (ECF No. 40.) Plaintiff’s opposition or statement of non-opposition to that 24 motion was due on or before twenty-one (21) days from the date of service of that motion. Local 25 Rule 230(l). More than twenty-one (21) days have passed, and Plaintiff has not responded to the 26 motion or otherwise communicated with the Court. 27 28 Pursuant to Local Rule 230(l), Plaintiff is HEREBY ORDERED to file an opposition or a statement of non-opposition to Defendant’s motion within twenty-one (21) days. Plaintiff is 1 1 warned that the failure to comply with this order will result in dismissal of this action for 2 the failure to prosecute and failure to obey a court order. 3 4 5 IT IS SO ORDERED. Dated: /s/ Barbara November 9, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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